Mike Scott
Education:
JD, University of Virginia School of Law
BA, Duke University
Admissions:
California
Biography
Mike Scott is a founding partner of Sacks & Scott and provides counsel regarding all aspects of consumer law. This includes creating or revising membership agreements, website terms of service, and other consumer contracts, negotiating business-to-business agreements for consumer-facing companies, and reviewing advertising and promotional material.
Mike's understanding of consumer protection risks and obligations results from more than fifteen years defending clients in class litigation across the country and conducting acquisition due diligence for consumer class action exposure. Clients now rely on Mike to navigate evolving regulatory landscapes and challenges in a variety of industries, including consumer electronics and gaming, health clubs and wellness services, other membership-based businesses, consumer retail sales, restaurant and other franchising, and education and tutoring. For example, Mike guided more than twenty businesses in preparation for the landmark California Consumer Privacy Act and an increasing number of consumer privacy statutes enacted in other states, and helped multiple nationwide brands develop online products quickly following COVID-related brick-and-mortar closures.
Mike also counsels clients regarding California employment practices and regulatory matters and has litigated numerous individual and class action employment lawsuits.
Prior to Sacks & Scott, Mike practiced at Sacks, Ricketts & Case, DLA Piper LLP (US), and Jones Day.
Representative Matters
Representation of distributors and manufacturers of computer hardware, software, and gaming consoles in numerous nationwide and California class actions involving antitrust, breach of warranty, Consumers Legal Remedies Act (CLRA), and Unfair Competition Law (UCL) claims.
Representation of national franchisor in settlement of multiple California wage and hour class actions.
Representation of national franchisor in the settlement of multiple consumer class actions alleging unlawful business practices, breach of the covenant of good faith and fair dealing, and unjust enrichment.
Representation of identity theft protection company in class actions alleging varying claims including unfair competition and false advertising. Negotiated favorable settlements.
Reported Decisions
Turner v. Sony Interactive Ent. LLC, No. 21-CV02454-DMR, 2021 WL 5177733 (N.D. Cal. Nov. 8, 2021) (granting motion to dismiss).
In re Sony PS3 Other OS Litig., 551 F. App’x 916 (9th Cir. 2014) (affirming, in part, motion to dismiss).
Fineman v. Sony Network Entertainment International LLC, No. C 11-05680 SI, 2012 WL 424563 (N.D. Cal. Feb. 9, 2012) (granting motion to dismiss).
Somers v. Apple, Inc., 258 F.R.D. 354, 355 (N.D. Cal. 2009) (granting in part motion to deny class certification).
Publications
Co-author, “In re Hydrogen Peroxide Antitrust Litigation: A Forecast of the Future of Class Certification in the Ninth Circuit,” Competition, Volume 18, No. 2 (Fall 2009).
Presentations
"Privacy Leaders Circle," a discussion of consumer privacy laws with users of industry-leading privacy rights management platform, July 2020.
Presenter, “Copyright, Fair Use and Contemporary Art,” San Francisco Art Institute, April 2012 and February 2013.